NASHVILLE, Tenn. (WTVF) — Ten-year-old Walter was born with spina bifida. He relies on life-saving care made possible by a program called Children's Special Services.
"They are a blessing in our house because they paid everything [for] Walter, for that hospital, for the specialist, for medication and for diapers," his mother, Gabriella, said.
Walter's family fled Honduras in 2019, seeking asylum and the medical treatment he desperately needs. His mother asked that only her first name be used — scared immigration officials could target them while their case is still pending.
"My husband, when we came he paid taxes [in] 2020. He start to work [and] he paid taxes every year… we want to do everything legal," Gabriella said.
Since they arrived, Walter has thrived under CSS — a last resort health insurance program for low-income children with severe disabilities and terminal illnesses. It has been a lifeline for immigrant families who don't qualify to receive Medicaid, serving children regardless of immigration status since the 1930s. CSS is funded through a mix of state dollars and the federal Maternal and Child Health Services block grant. This block grant does not require immigration verification for children under federal rules.
But Gabriella recently received a letter from the Tennessee Department of Health giving her until the end of the month to disenroll — or be reported to state and immigration officials.
The state says it will report children without legal immigration status to a state enforcement division after June 30.
"I can't believe how can they do this for this kid. They are kid innocent… they are like angels," Gabriella said.
Walter isn't the only immigrant child who will be affected. About 400 immigrant children who are critically ill are receiving this life-saving medical care in Tennessee. The letters will reach at least 90 families in Nashville alone.
"Children with cancer, children who are on ventilators, rely on oxygen, children whose care is so expensive that even a millionaire couldn't afford it because the care is incredibly complex and the fact that these kids are alive is a miracle," Johnson said.
The Tennessee Justice Center says the state points to a new 2026 law — passed by state lawmakers from input from the White House — requiring immigration verification for public benefits. The law also creates criminal penalties for public employees who fail to report.
"Kids will die, kids will die. We know they will die and we know that from their doctors," Tennessee Justice Center Executive Director Michele Johnson said.
Walter's surgery scheduled for July has already been canceled as his family saw no choice but to leave CSS. Gabriella says they can't afford to keep up with their medical care in the U.S., but if they go back to Honduras, her son will die.
"That break my heart because we love Tennessee, you know, I know it's not our country, but we live here, we make our life here," Gabriella said.
The Tennessee Justice Center says it is considering legal action, calling the policy unlawful. Johnson encourages others to call Governor Lee and ask him to reconsider the legislation.
"We're the only state taking this hateful action and it feels like it's a legacy. History will not judge these leaders well," Johnson said.
When asked about the new policy, the governor's office said, "Tennessee is required to administer the Children's Special Services Program in accordance with applicable federal requirements and state law."
I reached out to the two legislators who sponsored the bill. Senator Ed Jackson's office replied:
"While I support enforcing immigration laws and ensuring public benefits are reserved for those legally eligible to receive them, my understanding of this legislation as it passed the Senate is that it is focused on adults, not children. While some children may be indirectly affected, federal law continues to require access to emergency and lifesaving medical care regardless of immigration status or insurance status. No child is denied lifesaving treatment under this law. The legislation simply strengthens eligibility verification and helps ensure taxpayer-funded benefits are directed to those legally entitled to receive them."
Rep. Dennis Power's office had not replied by the time of publication.
Do you have more information about this story? You can email me at Patsy.Montesinos@NewsChannel5.com
In a town built by a chorus of voices, Bill Cody is among the legends. Cole Johnson beautifully captures his life and legacy and brings us to the service to honor Cody. What a touching tribute to one of Nashville's best.
- Carrie Sharp
